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2024 Supreme(Online)(KER) 41991

HIGH COURT OF KERALA
BABU K.K. – Appellant
Versus
ST.MARY'S ORTHODOX SYRIAN CHURCH – Respondent


JUDGMENT

(Dated this the 8th day of October 2024)

The short question that arises for consideration in this CRP is whether the 1st Additional District Court, Ernakulam, which has been designated as a Special Court to try the cases involving disputes in Malankara Church as per G.O.(Rt) No.1532/76/Home dated 30.6.1976, later which has been declared as a permanent court alone, has jurisdiction to resolve all the disputes in the State.

2. O.P.No.1 of 2015 was filed before the Sub Court, Kattappana, under section 92 of the Code of Civil Procedure for leave to institute a suit by the petitioners herein. The 1st respondent is St.Mary’s Orthodox Syrian Church, Idukki, represented by the trustee. When the application preferred under Section 92 CPC came up for consideration, the respondents raised an objection that the apex court in SLP(C)

No.16579/2013 had passed an order on 3.3.2017, wherein it was specifically stated that the special court is of a permanent nature with effect from 31.5.1981 and all disputes has to be filed before the Special court. Therefore, the 1st Additional Sub court, Ernakulam alone, has the jurisdiction to decide the cases relating to Malankara church. The Sub Judge, by

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